Sijo K.J. and Others v. State of Kerala and Others

W.P.(C).No.2520/2021 1 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **THURSDAY, THE 25TH DAY OF MARCH 2021 / 4TH CHAITHRA, 1943** ## **WP(C).No.2520 OF 2021(L)** ## **PETITIONERS:** - **1 SIJO K.J. AGED 36 YEARS S/O.JOSEPH, F/O.EBEL JUDE SIJI, CLASS 2D, KUREEKALVEEPPATTU HOUSE, THAMARACHAL, KIZHAKKAMBALAM - 683 562.** - **2 AJO PAUL AGED 41 YEARS** **S/O.A.P.PAULOSE, F/O.ABEL AJO, CLASS 7 A AND EVELN AJO, CLASS 2A, ADAPPARA HOUSE, PAZHAMTHOTTAM P.O, KUMARAPURAM VIA., ERNAKULAM - 683 565.** **3 BABU K.P. AGED 40 YEARS** **S/O.K.K.POULOSE, F/O.CYRUS BABU PAUL, CLASS 1D, KUZHIKKATTIL HOUSE, VADAKODE P.O., KANGARAPADY, ERNAKULAM - 682 021.** **4 SIJAD N.K. AGED 36 YEARS** **S/O.KUNJUMUHAMMED, F/O.FATEH SHAHZADHAH NS., CLASS 1B, NELLIKKATHUKUZHY (H), EDATHALA P.O., PUKKATTUPADY, ERNAKULAM - 683 561.** **5 SHIHAB K.S. AGED 41 YEARS** **S/O.SEETHI, F/O.NADHIR SHIHAB, CLASS 5 C, NAIRA SHIHAB, CLASS 2C AND NAJAD SHIHAB, CLASS UKG A, VARAPPOTH MUNDETHE, WEST VENGOLA P.O., PERUMBAVOOR, KOLLIMUGAL - 683 556.** W.P.(C).No.2520/2021 2 - **6 ISMAEL A.A. AGED 44 YEARS** - **S/O.AVARAN A.P, F/O.FARHA ISMAEL, CLASS 5 B AND MUHAMMED ZAMCITH, CLASS 2B, ARACKAKUDY MUNDETH (H), WEST VENGOLA P.O., PERUMBAVOOR, KOLLIMUGAL - 683 556.** - **7 ELDHO PAUL T. AGED 39 YEARS** - **S/O.T.K.PAULOSE, F/O.JUVEL MARIYA ELDHO, CLASS 6 B AND MEEVAL SARA ELDHO, CLASS LKG D, THOTTATHIL (H), VILANGU - 683 561.** - **8 SHIBU K.P. AGED 42 YEARS** - **S/O.K.P.PANKAJAKSHAN, F/O.SHREYA SHIBU, CLASS 7C AND SAWARIYA SHIBU, CLASS 2B, KOIKKARA HOUSE, KUMARAPURAM POST, MORAKKALA - 683 565.** - **9 GIS GEORGE AGED 45 YEARS** **S/O.GEORGE C.P., F/O.ALNA MARIA GIS, CLASS 7B AND AGNA MARIA GIS, CLASS 4C, CHEMMALA HOUSE, MALAYIDOMTHURTH P.O., ERNAKULAM - 683 561.** - **10 JOHNSON ABRAHAM AGED 41 YEARS** - **S/O.ABRAHAM JOHN, F/O.HANNA JOHNAON, CLASS 8 A AND HABEL JOHNSON ABRAHAN, CLASS 4C, AIRIKKAL HOUSE, PATTIMATTAM P.O., KAITHAKADU, ERNAKULAM - 683 562.** - **11 SIBIN VARGHESE AGED 38 YEARS** - **S/O.VARGHESE M.D., F/O.AARON SIBIN, CLASS 1C, ANATHANATH HOUSE, ERUMELIKARA, KUMARAPURAM - 683 565.** - **12 REJU K.MATHEW AGED 41 YEARS** - **S/O.K.P.MATHAI, F/O.EVA MARIAM REJU, CLASS 2B AND 1ZA MARIAM REJU, CLASS 1A, KUTTICHIRA HOUSE, PALLIKKARA, KUMARAPURAM - 683 565.** **BY ADVS. SRI.BLAZE K.JOSE SHRI.JUDY JOSE SMT.URMILA ZACHARIA** W.P.(C).No.2520/2021 3 ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY SECRETARY, EDUCATIONAL DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.** - **2 CENTRAL BOARD OF SECONDARY EDUCATION SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI, PIN - 110 092, REPRESENTED BY ITS CHAIRMAN.** - **3 THE DISTRICT EDUCATION OFFICER OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, NEAR KANAYANNUR TALUK OFFICE, ERNAKULAM, PIN - 682 011.** - **4 THE MANAGER, ST.MARYS PUBLIC SCHOOL THAMARACHAL, ERNAKULAM, PIN -683 562.** **R2 BY SRI.NIRMAL S., SC, CBSE R4 BY ADV. DR.K.P.SATHEESAN (SR.) R4 BY ADV. SRI.P.MOHANDAS (ERNAKULAM) R4 BY ADV. SRI.K.SUDHINKUMAR R4 BY ADV. SRI.S.K.ADHITHYAN R4 BY ADV. SRI.SABU PULLAN R4 BY ADV. SRI.GOKUL D. SUDHAKARAN** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-03-2021, THE COURT ON 25-03-2021 DELIVERED THE FOLLOWING:** W.P.(C).No.2520/2021 4 ## **JUDGMENT** ## **Dated this the 25[th] day of March 2021** ## 1.The writ petition is filed seeking the following reliefs:- ”i) Issue a Writ of Mandamus or any other appropriate writ, order or direction commanding the respondents 1 to 3 to take appropriate action to prevent the 4[th] respondent from discriminating students on the basis of religion or caste in the matter of school fees and discounts in school fees. ii) Issue a Writ of Mandamus or any other appropriate writ, order or direction commanding the respondents 1 to 3 to fix uniform fees for all the students in the 4[th] respondent school, taking into account the covid - 19 pandemic situation. iii) Issue a Writ of Mandamus or any other appropriate writ, order of direction commanding the respondents 1 to 3 to ensure that the children of the petitioners are allowed to attend the online class and complete the academic year without any obstruction in 4[th] respondent school.” 2.Heard the learned counsel for the petitioners, the learned Government Pleader, the learned Standing Counsel for the CBSE and the learned Senior Counsel appearing for the 4[th] respondent Manager. W.P.(C).No.2520/2021 5 3.It is submitted by the learned counsel for the petitioners that the petitioners are the parents of the students of the 4[th] respondent's school. They contend that the school had been conducting only online classes during the previous year, but had been demanding fees ranging from Rs.23,200/- to Rs.33,700/- for classes from LKG to Standard XII during the previous year as is evident from Exhibit P2. It is submitted that due to Covid 19 pandemic there were huge job losses, economic recession etc. and the parents were not in a position to pay the huge fees demanded. It is stated that schools were also not having expenses as in normal times. Exhibit P3 representation was, therefore, submitted by 433 parents of 605 students seeking remission in the fee. It is stated that the said request was rejected by the management, but the management was granting major fee discount/subsidy only to students who belong to the St.Mary's Church. Exhibits P4 and P5 fee receipts are produced in support of the said contention. It is stated that some of the petitioners submitted a representation expressing their willingness to pay the 1[st] installment and requesting the extension of relaxation of fees W.P.(C).No.2520/2021 6 and for permission to their wards to attend classes. However, it is submitted that even in spite of repeated requests and complaints preferred before all authorities, no steps have been taken to redress the petitioners' grievances. 4. A detailed counter affidavit has been placed on record by the 4[th] respondent. It is submitted that one of the petitioners had not remitted any fees so far. It is stated that seven of the petitioners have remitted fees for one child, even though two children are studying in the school. The remaining four parents have remitted the first term fees. It is stated that therefore only four of the petitioners have remitted the first term fees as directed in the interim order. It is stated that the school is run by a charitable society by name St.Mary's Charitable society and that 1271 students are studying in the school. By Exhibit R4(a) dated 21.12.2020, a 30% discount of the entire fees was given to all students from LKG to Class 12. It is further stated that in case of students, who had specifically made request for remission of fees on the ground of financial distress, concession of fees ranging from 50% to W.P.(C).No.2520/2021 7 100% had been granted to several students, as is evident from Exhibit R4(b). It is further submitted at paragraph 9 of the counter affidavit as follows:- “The petitioners rely upon Exts. P4 and P5 to show that different rates of fees are charged from the children of two religious communities is absolutely false and incorrect. It is submitted that the school is run by St.Mary's Charitable Society. The members of the charitable society are given concession in the fees to their children. This is not the first time and the same has been practicing from the beginning of the school itself. This is not based on any communal discrimination, but on the other hand considering the initial contribution made by the persons who formed the society as well as the school. They are the founder members of the society. Their children are given fee concession considering the effort made by them in bringing up the school. The school is maintaining a good standard and academic excellence. Such achievements are obtained only because of the efforts made by the members of the society. Naturally the children of such members are given a little concession in the fees as a gratitude to the service rendered by them. This is evidenced by Ext.P4 itself in which the receipt shows that (CM) to the name of the student. CM means, Charitable Society Member or the members of the family. That is how the discount is shown in Ext. P4 and that is not on the basis of any communal discrimination. It is submitted that such concessions are not given to any other students including Christian other than the members of the society. It is a gratitude given by the society to the children of the members of the society and their family. It cannot be termed as a communal discrimination.” 8 ## W.P.(C).No.2520/2021 5.Reliance is also placed on Exhibit R4(c) judgment of a Division Bench of this Court in **Sreelekshmi S v. The State of Kerala** [AIR 2020 Ker 174] and on Exhibit R4(e) judgment in W.P.(C).No.19023 of 2020 and connected cases where the direction was confined to a 15 to 20% reduction in fees. - 6.It is contended by the learned Senior Counsel for the petitioner that even in the judgment of this Court in the batch of writ petitions seeking reduction in fees, there was a specific direction to the petitioners to pay the 2[nd] term fee as discounted on or before 26.2.2021 and the balance on or before 31.2.2021. In the instant case it is contended that most of the petitioners have not even paid the first term fee in full. - 7.A statement has also been placed on record by the 2[nd] respondent pointing out that no discrimination can be meted out to students by a management on the ground of religion or denomination. It is stated that respondents 1 to 3 are to fix uniform fees for all the students. It is further submitted that Exhibit R2(a) communication had been issued by the CBSE to W.P.(C).No.2520/2021 9 all States requesting the State Government to examine the issue of lumpsum payment of school fees and teachers' salary considering the interest of all stakeholders. The provisions of Clause 7.2 and 7.3 of the CBSE byelaws are also specifically referred to. 8.I have considered the contentions advanced on all sides. The contention of the petitioners that they are eligible for discount in fees charged by private school managements appears to be a justifiable claim. However, the respondents have produced Exhibit R4(a) to show that the respondents have permitted a 30% fee remission across the board to all students. This is more than the remission which has been directed by this Court in the common judgment. If that be so, the further contention raised by the petitioners with regard to remission in fess to persons like the petitioners cannot be considered by this Court, especially in the light of Exhibit R4(e) judgment. The learned counsel for the 4[th] respondent specifically contends apart from four petitioners, the other petitioners have not even remitted the first term fee. W.P.(C).No.2520/2021 10 9.Having considered the contentions advanced and taking note of the findings in Exhibits R4(c) and R4(e) judgments, I direct that the petitioners may be given a last chance to pay off the fees as discounted in Exhibit R1(a) within a period of one month from the date of receipt of a copy of this judgment. The petitioners shall positively pay the first term fees on or before 31.3.2021. They will be given one month time from the date of receipt of a copy of this judgment to pay the 2[nd] and 3[rd] term fees, taking note of the remissions as permitted in Exhibit R1(a). If they have any further complaints, it is for them to raise it before the competent respondents. Without making the payments of the fees in respect of their wards, the petitioners cannot agitate any further grievances before this Court. This writ petition is ordered accordingly. sd/- **Anu Sivaraman, Judge** sj W.P.(C).No.2520/2021 11 ## **APPENDIX** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1** **A TRUE COPY OF THE CERTIFICATE OF REGISTRATION NO.ER 462/95 DATED 11/10/1995 UNDER THE T.C.ACT AND MEMORANDUM OF ASSOCIATION OF THE ST.MARY'S CHARITABLE SOCIETY THAMARACHAL.** **EXHIBIT P2 A TRUE COPY OF THE FEES STRUCTURE OF ST.MARY'S PUBLIC SCHOOL, THAMARACHAL IN THE YEAR OF 2019-20 PUBLISHED IN THE SCHOOL DIARY.** - **EXHIBIT P3 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY 433 PARENTS OF 605 STUDENTS TO THE MANAGER OF ST.MARY'S PUBLIC SCHOOL, THAMARACHAL.** - **EXHIBIT P4 A TRUE COPY OF THE FEE RECEIPT OF THE ST.MARY'S PUBLIC SCHOOL, THAMARACHAL DATED 26/08/2020 OF CLASS IV B.** - **EXHIBIT P5 A TRUE COPY OF THE FEE RECEIPT OF THE ST.MARY'S PUBLIC SCHOOL, THAMARACHAL DATED 31/12/2020 OF CLASS IVC.** - **EXHIBIT P6 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER NO.10, 8 & 5 TO THE 4TH RESPONDENT DATED 22/01/2021.** - **EXHIBIT P7 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONERS TO THE 1ST RESPONDENT DATE 25/01/2021.** **EXHIBIT P8 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONERS TO THE 2ND RESPONDENT DATED 25/01/2021.** W.P.(C).No.2520/2021 12 **EXHIBIT P9** **A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONERS TO THE 3RD RESPONDENT DATED 25/01/2021.** **EXHIBIT P10** **TRUE COPY OF THE RECEIPT VOUCHER FOR THE MARIAM SWIMMING ACADEMY ENTRY FEE AND THE REGISTRATION FEE FOR ST. MARYS CHARITABLE SOCIETY ISSUED BY THE 4TH RESPONDENT DATED 28/09/2019** **EXHIBIT P11** **TRUE COPY OF THE NOTICE DATED 29/09/2020 PUBLISHED BY THE 4TH RESPONDENT** - **RESPONDENT'S EXHIBITS:** **EXHIBIT R4(a) TRUE COPY OF THE RESCHEDULED FEE STRUCTURE FOR THE YEAR 2020-21(21-122020) PUBLISHED BY THE 4TH RESPONDENT'S SCHOOL.** **EXHIBIT R4(b)** - **TRUE COPY OF THE LETTER ISSUED TO THE PARENTS THROUGH WHATSAPP FROM THE SCHOOL DATED 10-08-2020.** **EXHIBIT R4(c) TRUE COPY OF THE JUDGMENT DATED 30-062020 IN WP(c) NO. 10867/2020. EXHIBIT R4(d) TRUE COPY OF ONE SUCH POSTER PUBLISHED ON BEHALF OF THE AGITATORS. EXHIBIT R4(e) TRUE COPY OF THE COMMON JUDGMENT DATED 9-2-2021 IN WP(c) NO. 19023/2020 AND CONNECTED WRIT PETITIONS.** **EXHIBIT R2(a) COPY OF NOTIFICATION CBSE/SECYAFF/2020 DATED 17/04/2020.** True copy PS to Judge